LEUNG YIU WING v. WONG LAN FUN AND OTHERS

LEUNG YIU WING v. WONG LAN FUN AND OTHERS

The master accepted the defence medical evidence and surveillance footage over the plaintiff's evidence, concluded the plaintiff had only minor soft tissue injuries and had exaggerated symptoms, found the Joint-Tec employment contract not bona fide, and therefore limited damages to proven heads: PSLA $100,000, past loss $26,730 and agreed specials $19,660.40 with interest and costs on District Court scale.

Citation
LEUNG YIU WING v. WONG LAN FUN AND OTHERS
Parties
Plaintiff: Leung Yiu Wing; 1st Defendant: Wong Lan Fun; 2nd Defendant: Chiu Tik Leug; 3rd Defendant (discontinued): Wong Fu Keung
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
26 November 2008
Case Number
HCPI806/2004
Procedural Posture
Personal Injuries Action / Assessment of Damages Following Liability Judgment
Outcome
Judgment for plaintiff on liability previously entered; damages assessed and awarded in limited quantum after findings of exaggeration; Joint-Tec contract claims dismissed; costs awarded to plaintiff on District Court scale.
Legal Topics
Quantum of Damages, Pain and Suffering, Loss of Earnings, Mitigation, Credibility and Surveillance Evidence, Exaggeration of Injury, Interest, Costs
Source Language
EN
Tort Personal Injury Negligence Employment Law (contract) Evidence Quantum of Damages Pain and Suffering Loss of Earnings +5 more

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Parties

Leung Yiu Wing

Plaintiff

Wong Lan Fun

1st Defendant

Chiu Tik Leug

2nd Defendant

Wong Fu Keung

3rd Defendant (discontinued)

Procedural Posture

Personal Injuries Action / Assessment of Damages Following Liability Judgment

Legal Issues

  1. 1 Extent of plaintiff's injuries and quantum of general damages
  2. 2 Credibility of plaintiff and weight of surveillance evidence and medical reports
  3. 3 Existence and enforceability of the alleged Joint-Tec employment contract

Ratio Decidendi

The master accepted the defence medical evidence and surveillance footage over the plaintiff's evidence, concluded the plaintiff had only minor soft tissue injuries and had exaggerated symptoms, found the Joint-Tec employment contract not bona fide, and therefore limited damages to proven heads: PSLA $100,000, past loss $26,730 and agreed specials $19,660.40 with interest and costs on District Court scale.

Court Disposition

Judgment for plaintiff on liability previously entered; damages assessed and awarded in limited quantum after findings of exaggeration; Joint-Tec contract claims dismissed; costs awarded to plaintiff on District Court scale.

Orders

  • Award PSLA HKD 100000
  • Award past loss of earnings HKD 26730